my husband was recently laid off/fired from his job and now the employer is lying. what rights does he have?

Question

my husband was let go at his job due to poor work performance in which this woman is a liar and we filed for unemployent and the benefits are now suspended because she said he was let go due to misconduct when we have it in writing it was for poor work performance. we are now 6 weeks behind in receiving any checks and requested a hearing in court. what will happen next being that she is lying? will they reward us all the monies owed too? please help on this one

Answer 1

If you win you will be awarded back pay. The employer may be fined for filing a false objection, but you don't get anything extra.

Answer 2

Anyone who is fired or let go from a job can file for unemployment benefits. The benefits will be granted on a temporary basis until the employer responds to the claim. Once all of the documentation is received, the Unemployment office reviews and makes a determination whether benefits are to be awarded. Unemployment is granted only when employment is terminated "without cause" - without cause means that there was no justifiable reason for the termination. If your husband was terminated for poor job performance, that constitutes "cause" - this is why your husband's claim has been denied. Poor work performance can be construed as "misconduct" - but I think you are trifling over words here - even if you succeed at fighting the "misconduct" wording, if his "poor work performance" is in writing, that will be evidence enough to deny the unemployment claim. Sorry about the bind you are in - good luck!

Answer 3

If you are in California, just contest it. You'll win.

Here's my anecdote. I was laid off from my full time job and claimed unemployment. However I screwed up filling out the form and also mentioned my 4 hour a month part time job where I still worked. The Employment Department dinged that employer for UI too.

As that company's bookkeeper, I filed the protest form and even showed up at the hearing as both the claimant (me) and the company rep. The judge (yes he was a judge) told me I couldn't be both. I kept trying to tell the guy this was a complete mistake and that I was still working for the employer. Finally he heard the case where I swore up and down I was still working there.

Final Judgement. I was awarded UI benefits from the company where I still worked

That's how the unemployment system works here in California anyway.

Answer 4

same thing happened to my dad and hecant get unemployement cause he waslet go dueto lack of work this to was a lie but he has an appointment with tthe review bord at his old job andif he can prove he was let go wrongly then to he might be able to get the benefits he deserves.